Since January 1, the divorce procedure has been simplified and revised in order to reduce delays.

Lawyer Roland Perez explains these changes which have entered into force for so-called "contentious" divorces, and which should reduce the length of the procedure. 

Since 2017, we can divorce without going to the judge when the spouses decide to divorce amicably.

Since January 1, 2021, the other types of divorces are also experiencing an upheaval.

Lawyer Roland Perez explained these changes on Europe 1 on Saturday. 

>> Find all of Roland Perez's reviews in podcast and replay here

A change for so-called "contentious" divorces 

The law has come to simplify and accelerate these other divorces so that the procedure does not get bogged down and lasts several years, even sometimes a decade.

These are cases where the spouses do not agree on the consequences of a divorce with regard to children or alimony, or when they intend to assert faults at the origin of their separation.

Or if they have de facto separated for more than 2 years without having formalized their separation by divorce. 

For this divorce, it was necessary to pass at least twice before the judge to divorce.

Today, there is only one so-called "orientation" hearing, without compulsory presence of the spouses.

Which is the great novelty, because this hearing was very trying for the spouses who found themselves alone before the judge, without a lawyer in this first round.

A first hearing without compulsory presence of the spouses 

This first hearing without compulsory presence of the spouses will deal, if the lawyers so request, at the same time of the provisional measures relating to the residence of the children, of the right of visit and accommodation of the spouse who does not have the custody of them, of the fixing the amount of alimony and especially the tailor-made calendar of the programmed divorce, so that each of the spouses can assert their rights through their lawyer.

With this new divorce procedure reserved for couples who do not wish to divorce amicably, the deadlines should be reduced.

Until now, the minimum period reserved for so-called "contentious" divorces was 18 months.

We can hope to reduce this period to one year in the best case, especially as de facto separated couples will no longer have to wait 2 years of separation to obtain a divorce for permanent alteration of the marital bond, the reform having reduced this period to a year.